The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-24

JUDGE HEIsKELL MAKES REPLY
TO MAJOR WILSON.
A View OF the Constitutional Re-
Quirement rs 10 Voting on the
Prohibition Amendment.

"The question raised by Maj. vii.
son on the time Of holding the election
on the prohibition" said Judge O.
W.Heiskell to an APPEALreporter yes
terdsy, "bas 40 little pertiHenoy to any
practical matter as any question can
have. The election is 10 DO held and
the people will vote upon TIE amehd'
.rnent. When IL was argued in the
Legislature it was q live question.
When tho matter comes before the
courts il will again become a vital
question. For anyone flvJripg the
amendment row to refuse TO vote upon
a doubt raitei whether the time IVES
the right time would b, utterly sbeurd.
But the f1rcs OF the Argument by which
the point il sustained Is rs weak as the
question 10 untimely. He says, fint,
that when the constitution says II
shall be the duty Of the General
Assembly TO eubmit such pro-
posed amendment or amendments
to the people at such times
Il means that they shall prescribe the
time OF advertisement, ETC Probably
II the conventions OF 1884 and 1870
had M ant that they would have sa,d
something TO convey that idea. To
submit to the people at euch times
and 10 advertise and notify for such
length OF time teem TO have co little
relation 10 each other, that the two
convt n,ions could hardly have mis-
taken the one thing for the olher
There were some men in each OF those
bodies who knew q hawk from 9
hsndsaw.' He Gays, second: at viii
be observed that the word times il
ussd-msDy more than one time.
Therefore Il had no reference TO the
day 81 election
snow the plural there is o mere mig
print. II the Nejor will turn IN tn,
| journal OF the convention OF 1870 ht
will find, at page 1917, that fecliDr
three, article eleven--the section 70
ierred TO by Major Wilson - wa
amended only by adding to that sec
ton provision empowering the Legis
lature 20 call Constitutional Conven
ton. This was the only amendmen
made 10 that section. At page SSj
same journal, the eeciion was adopted
o. amended. Now, Ia the constitution
OF 1884, the word is time and in tb,
| journals OF that convention IL Is time
Aud IA this section wac not amonde,
e ell, except ne above shown, a.,
word 'timet' is nisprint. Il thoult
be time
"Msjor Wilson says, third, that a.,
intention is evident that the amend
ment fhould be made an issus b,i)r
the people, and th.Tef~re II must hav,
tutendtd that 4 should be disousss,
In the election Of Representatives 4
DO held at the came time will
the election on the amendment Un
fortunately for this position, the Con
stitution, while 10 thoWB clearly tn
intent that the iseue shall be made
defres the mode on which II shAll b
made, aud the time when TIL
amendment il proposed by the Legit
la,ure, and referred 10 the Gsusra
Assembly then next 10 be chosen
and shall be published six month
prcvious 30 the time Of max ny su ]
choice and then II Il ie agreed TO h
two.thirds Of each house IL Is 10 b
snbmitted 10 the people directly
Here IL ample provision for the dll
cussioo, and the mode being pointe,
out, no new mode Is required 10 b
invited by Ingenious and subtle ger
temen for other discussion and on
lishtenment OF the people.
"The fourth proposition 10, that IN
vote must be canvEaied By the LegiI
latuIe. because !, is the Judge Of IN
qual lcalion Of lis own membtn
Whenever the head In this arRumen
Is supplied, aud IL Ia proved that III
amendment In n member OF etht
houHe, and In which house the aTgu
msrt will perhaps bfc1me conolusiv,
until then, aud standing unexplained
Il setms pusiile.
"But The most conclusive argumen
OF which the aubc, admits, " neg'
tive the theory OF Mel Wilson, 10 tbs
the convention well knew how I
make plain thslr Intentions, for the
fsed the times n holding election
for members n the General Assembl
and other III GERS, and yet when the
came 10 treat Of elections on sment
mebts, they gave the Leg stature Oh
right TO OK the tlneP, without tayin
that Il should be held al the time ,
any other election. This was 30 cas-
n say, II They're Intended, and the
we're 20 capable q taying Il that
cannot be believed in the absence {
the express declaration that any cue
intent TX sted.
"rhis In still more certain from N
fact that at least Two amendments
the report on amending the constitI
ton were proposed In the conveniio
providing that the election should |
held nj the same place and by u
same electors that ehooee The GsneIt
Assembly. Journal 262253."